Florida Injury Lawyer Blog

Patients visit medical professionals to get medical help and advice. Unfortunately, when medical professionals are negligent and reckless, misdiagnosis can occur. Misdiagnosis occurs when a doctor incorrectly determines a disease or a lack of disease. For example, misdiagnosis can occur when a doctor fails to find a cancer that is in a patient’s body. Misdiagnosis can also occur when a physician tells a patient they have one condition when in fact the patient is suffering from another condition.

Misdiagnosis can be devastating. If a physician misses a cancer present, for example, a patient can die because life-saving treatment is delayed. If a patient is misdiagnosed with cancer when no disease is present, the patient may suffer from many personal injuries and health problems while undergoing radical treatments. Getting the wrong treatment or medicine can make health problems much worse.

Responsible physicians want to give patients the best care possible and want to give the correct diagnosis each time. There are many things that patients can do to help their doctors avoid misdiagnosis:

1) Do not ignore your symptoms. If you notice that you have unusual symptoms, write them all down in a journal for a day or two. Jot down when the symptoms occur and what is happening when they occur. Note the exact location, duration, and severity of each symptom and be sure to list all possible symptoms. This journal can help your doctor help you get diagnosed correctly. Avoid diagnosing yourself. A physician is trained to diagnose different illnesses that have very similar symptoms. Write down your symptoms and then see a physician.

2) If you are diagnosed with something serious, get a second opinion. This will ensure that another doctor agrees with the initial diagnosis and ensures that you have the right treatment plan for your ailment.

3) Consider visiting a specialist. Specialists are trained to focus on a specific area and therefore know more about specific subjects. If your general practitioners diagnoses you with a skin ailment, for example, consider visiting a dermatologist. He or she will have the expertise and experience to determine whether the initial diagnosis is correct and will be better equipped to advise you about treatment options.

4) When discussing new symptoms with a physician, be sure to tell them about existing medical conditions you have and any changes you have made in your lifestyle lately. Sometimes, changes in your life can affect your body in unusual ways. As well, some ailments and their medications have side effects that may influence your symptoms and therefore how you are diagnosed.

5) Educate yourself about your diagnosis. If you have been diagnosed with a condition or ailment, research the condition at your local library. This will help you learn a great deal about the condition and it’s treatment options. It will also inform you, so that if your doctor suggests a treatment or a diagnosis that does not seem to match what you have read you can ask informed questions.

A new study may have serious repercussions for families who have loved ones with serious brain injuries. Researchers at the University of Liege in Belgium have conducted a study which shows that 41% of people who where diagnosed as being in a vegetative state were in fact in a minimally conscious state. This misdiagnosis is a serious problem, since families make decisions based on continuing or discontinuing care for a loved one based on such subtle diagnostic differences.

In 2005, Terri Schindler Schiavo may have been misdiagnosed as in a vegetative state when she may actually have been in a minimally conscious state. If the diagnosis had been made differently, Schiavo may not have died in 2005. A legal battle between Schiavo’s husband and family led to her eventually dying due to starvation and dehydration. At question was whether she was in a minimally conscious state or not. She was officially diagnosed as being in a vegetative state but multiple doctors believed she was in a minimally conscious state.

In the University of Liege in Belgium study, 44 patients who had been diagnosed as being in a vegetative state using the JFK Coma Recovery Scale-Revised were re-tested using medical staff observation. 18 of the patients were found in this manner to be in a minimally conscious state. A person in the vegetative state has no awareness of their surroundings but can breathe on their own and shows normal reflexes. A person in a minimally conscious state can experience emotion and pain and may be able to communicate in small ways.

The chances of recovery are much higher for patients in minimally conscious states, which is one reason why end-of-life decisions tend to be different between the two groups. Misdiagnosis of the two states can lead some families to conclude that there is little chance of recovery when in fact the patient has a much better chance of recovery than suspected.

The study has raised questions about the treatment patients with severe brain injuries receive. The study points to the fact that a number of patients may have their lives terminated even though they show some signs of awareness. Part of the problem, according to researchers, is that a minimally conscious state can be intermittent. That is, patients may show signs of awareness from time to time but not always. A medical professional would need to be watching for these signs over a period of time to determine whether the patient is truly in a minimally conscious state or a vegetative state. The JFK Coma Recovery Scale-Revised, however, does not suggest checking for awareness over the long term.

Companies are facing inadequate security cases at a much higher rate in recent years. Real estate companies and companies managing multiple properties or multiple unit properties need to be especially vigilant in ensuring that their properties are safe. Inadequate security cases usually occur when a violent crime or accident occurs in or on property that is not correctly kept secure. In many cases, these cases arise because a property owner knew about a possible danger but failed to make the property more secure.

For example, if a sexual assault occurs on a property, the victim can pursue action against a property owner if the property owner has failed to take proper security measures for the property. If parking areas are inadequately secured or if a property is poorly lit and someone is assaulted on the property, the victim of a violent crime on the property may be able to seek an inadequate security action.

If a victim of a violent crime that has occurred due to inadequate security has sustained personal injuries, such as brain injuries or broken bones, the victim can seek legal help to recover medical costs for these injuries. In addition, the victim is entitled under the law to seek financial help for any lost income or property damage that has occurred as a result of the crime.

Inadequate security cases usually involve an average settlement of $600 000. This is because the victim of a violent crime usually sustains a significant loss during a crime caused by inadequate security. A victim may need counselling for some time after the attack in order to recover fully. The patient may also need short-term emergency medical help as well as long-term rehabilitation and treatment to recover well. Some victims are cut or injured in a way that requires cosmetic surgery or even multiple surgeries. Since victims must attend counselling and must seek medical case, they may experience lost income. In addition, some patients are so traumatized by the crime that they have a hard time returning to work. The law ensures that victims are compensated for these costs so that they can recover as fully as possible after their attack.

Inadequate security cases are a form of premises liability where owners are responsible for foreseeing the actions of criminal third parties. This means that in adequate security cases, the issues often revolve around the idea of whether or not an owner could reasonably foresee whether someone could commit a criminal act. If a property owner knew of a previous attack on the premises, for example, and failed to make the property more secure, he or she may be held liable for a new attack. If a property owner knew of some security breaches or problems that could be exploited by a criminal but failed to act on these problems, he or she could be held liable for crimes that occur as a result of the security problems.

Even if a criminal is not apprehended, a victim can still seek an inadequate security judgement if a property owner has failed to make their property reasonably safe. Owners are expected to take measures such as repairing broken locks, screening employees that work on and around a property, and taking other measures to prevent crimes. If crime trends in an area change, the owners may be expected to take additional measures or may be expected to tell residents about these changes. If a property is in a high-crime area, property owners may need to hire security guards or screen visitors and guests in order to create a safe environment.

During the autumn, when children are at school and you spend more time ferrying children to activities after school, your home may be empty for longer periods of time. As well, your children may be inviting more friends over after school and on weekends. Now is the time to make your

1) Take care of any needed repairs before winter. A gate that needs repairs? A leaky roof? Now’s the time to take care of it, while contractors can still easily access everything any before winter weather makes access to some areas more tricky.

2) Close up your pool for the summer. Clean your pool one last time, have one last pool party and close your pool up safely for the fall. You are responsible for preventing pool injuries and drowning. Make sure that the pool is securely covered and protected with a locked gate for the season.

3) Set up a fall maintenance schedule. If you have landscapers, make sure that they are now taking care of leaves, and any puddles of mud or water that may accumulate. If you do your own yard work, create a checklist to ensure that your yard is free of debris and other hazards.

4) Switch to fall lighting. If you have a timer for outdoor lighting, set it back now that days are shorter. You may also need additional lighting near walkways and steps to keep these areas safe. If you turn on your outdoor lights yourself manually, turn them on earlier in the evenings.

5) Do a quick once-over of your property. The seasons are a great chance to check up on your property. Do a once-over inside and outside your property. Are there obvious hazards or possible hazards that need your attention? Are your smoke alarm batteries fresh? Are all doors and windows secure? Are all areas even for walking and free of obstructions? Now is the time to address any issues.

Bullying is not just the occasional schoolyard tussle. In recent years, awareness of bullying has increased after a few students have died as a result of bullying. Bullies not only taunt their victims, but in many cases physically injure them, leading to scrapes, wounds, broken bones, head injuries, and other serious injuries. In some cases, a bully’s pranks can be deadly or can leave lasting emotional scars. Often, parents are unaware that their child is being bullied until the attacks escalate. As your child heads back to school, stay alert for these warning signs.

1) Your child's grades are declining. Declining grades can be an indication of any number of issues and should always be addressed promptly. If your child is being bullied, he or she may be too upset to concentrate on school work. Even if there is another reason for declining grades, it is important to turn the situation around early in the school year so that your child can enjoy academic success.

2) Your child’s online habits change. Some bullies have taken their abusive tactics online, where they can attack other children without the prying eyes of parents and teachers. If your child spends a lot of time online suddenly and tries to hide online activities by erasing histories or staying on the computer late at night, he or she may be the victim of a cyber bully. Be especially wary if your child seems secretive about his or her computing activities and is upset after using the computer.

3) Your child seems withdrawn or upset frequently. Any sort of emotional upset should be addressed at once. If your child loses interest in regular activities and becomes upset or withdrawn, that can be a sign of a problem.

4) Your child develops frequent headaches or stomach aches. Children who are being bullied are under a great deal of stress, and this can manifest itself in frequent stomach upset or headaches due to stress. In some cases, the victims of bullies try to stay away from school by feeling ill. If your child starts manifesting physical symptoms of stress, visit a doctor at once.

5) Your child has any injuries that are not explained. The occasional knee scrape is normal, but if your child comes home with injuries and does not seem to be able to explain those injuries, that can be a red flag sign of abuse. Missing items or broken items – such as lunchboxes or toys – can also be a sign of bullying.

In the fall, fallen leaves and more rain can lead to more slip and fall injuries. These injuries can break bones, cause brain injuries, and expose you to premises liability suits. Here’s how to avoid slip and fall accidents on your property and elsewhere:

1) Make your property safe with lights and proper fall maintenance. Shorter days in the fall can mean less visibility, while leaves and pools of water can mean a slippery risk. Install lights near walkways at your home and ensure that they are on at dusk. Set up a fall property maintenance schedule to keep your yard free of leaves and debris.

2) Avoid walking on leaves. When you are out walking, avoid piles of leaves. While they may be tempting, they can be slippery and can contain hidden obstacles that trip you up.

3) Get an eye check up. Poor vision can lead to falls, especially now that fall means shorter days and more darkness. Get your prescriptions updated.

4) Check your medications. You may feel great in the summer, but some of your medications may be affecting your sense of balance or your alertness. Sort through your medicine cabinet and toss out any expired medication. Check the rest of your supplements and medicines for interactions and possible side effects.

5) Report dangerous conditions right away. If you notice dangerous pedestrian conditions while walking or driving, report the perils, especially those on public property. You have a right to expect even sidewalks and well-lit streets.

During school hours, children have lots of supervision and structured time. During lunch hours, however, many children have more leeway. Staff may be busy eating their own lunches and some students stay away from supervision during the lunch hour. Here’s how to make sure your child avoids injuries during break:

1) Learn about lunchtime supervision at your child’s school. Ensure that cafeterias, class rooms, and other areas where children eat are monitored. If children are allowed outside during lunch, make sure school property is well monitored and supervised during the lunch hour. Many injuries can take place if children are running around a playground with no supervision.

2) Alert the school if your child has serious allergies. If your child has a life-threatening allergy, alert the school principal, teachers, and cafeteria staff. Ensure that your child has an ID bracelet all times alerting staff of the allergy. If your child is young, talk to your child’s class or have an adult talk to your child’s class about the allergy. This will help prevent classmates inadvertently offering your child a treat with an allergen in it.

3) Set rules if your child is allowed off campus during lunch time. If your child can leave campus, make sure that your child knows places he or she is permitted – and is not permitted – to go. Set boundaries about where your child can go for lunch.

4) If your child goes home for lunch, make sure he or she can get home and back safely. Pedestrian accidents can be a cause for concern if your child walks home from school. Go over your child’s route and ensure that he or she walks straight home and right to school. Younger children may need supervision to get home and back safely.

5) Ensure that school grounds are safe. If your child is allowed to play in the playground at lunch, inspect the playground area. Is all playground equipment safe and modern? Ensure that no equipment has been recalled or cited in product liability cases. Are the grounds properly maintained and safe? Stacks of leaves or uneven pavement can pose a slip and fall hazard.

Most people take prescription drugs or over the counter supplements to feel better or to treat a condition. However, drugs can affect your everyday tasks and can result in personal injuries. Some drugs can cause you to feel drowsy or can cause slip and fall accidents by affecting your motor function. Some drugs and medications can make you feel groggy and can cause a car accident if you try to drive while taking them. Here’s how to stay safe with your medication:

1) When getting any new medication or supplements, ask lots of questions. Whether your medication is over the counter or from a doctor, read the label and talk to a pharmacist. Make sure you understand all possible side effects as well as the best ways to take each medication. If you are told to avoid some activities – such as driving a car – while you are on medication, obey these instructions.

2) Give your body time to adjust. Even medications that have few side effects can affect your body in various ways. Some people have allergic reactions to some medications. Some medications affect you negatively before they begin to heal you. You never know quite how your body will adjust when you take a new substance, so take things easy for a few days when you have a new medication and observe how it makes you feel. Report any unusual symptoms to your pharmacist or doctor and ask for advice.

3) Don’t assume some drugs are safe. Some people assume that over the counter drugs, common drugs, or all natural herbal supplements are perfectly safe. Many are, but all medications and supplements may have some side effects or may interact with other medications. Always inform your doctor about all medications and supplements you are taking.

4) Watch out for interactions. Drug interactions can make you feel weak and faint or can affect a drug’s effectiveness. Even some foods interact with drugs. Always ask your pharmacist about any possible drug interactions and any potential food-drug interactions.

5) Keep an eye out for product recalls. If you are on a new medication, read about the medication. Are these product liability cases against the drug manufacturer? Has the drug been linked to serious side effects? Talk to your doctor about any concerns you may have.